Historically, family violence has been viewed as a "private" civil matter. Legal measures have only offered limited protection to victims and have failed to punish offenders (i.e. invoke criminal proceedings). Even though legal remedies as prescribed in criminal and civil legislation are not gender-specific, in the vast majority of cases victims/survivors of family violence are women and perpetrators/offenders are men.

In many cases, the law (theoretically) offers women and their children some protection from the perpetrator. Where a victim has a choice of remedies, legal advice should be obtained. Both federal and state law provide for protective orders for future protection. In urgent cases, state law provides quicker, cheaper and more effective protection, especially since the introduction of the Family Violence Protection Act 2008 (Vic) ("FVPA") in December 2008. In addition to civil remedies, a victim can also pursue remedies under criminal law. Charges for assault and other criminal offences can be laid by police to punish the offender for violent behaviour and perhaps prevent future abuse.

Traditionally, police have been reluctant to be involved in "domestic" situations. In the past, police often just tried to pacify the parties and perhaps issued a warning without taking the matter further. However, police are now more active and interventionist and have greater powers. In the area of civil law, they can issue safety notices and are increasingly applying for intervention orders on behalf of victims. In the area of criminal law, if police are of the opinion that there is enough evidence to prove a charge of assault against the male partner, they will proceed and charge him. It is difficult to get those charges withdrawn if the woman subsequently changes her mind. If the charge is found proven, then a finding of guilt will be recorded against the defendant and will appear in his criminal history. A conviction may or may not be recorded. Such criminal charges are in addition to, and not to the exclusion of, civil proceedings for future protection, such as intervention orders and restraining orders.

It is also possible to obtain compensation for injuries caused through family violence.